Adviced needed on Private Money lending

Adviced needed on Private Money lending

Rental Property Investor · Marietta, GA · Member since 2015 · 18 posts · 5 votes

Hello Bigger Pockets! I am in need of advice from investors that use private money for their purchase/rehab of homes. I have an investor that interested in backing us on our next venture and we are collectively trying to figure out what type of documents need to be drawn up to protect both us and the investor. Here are the questions that have come up so far and please feel free to let me know anything that I may have forgotten as well.

1. Is there a way to have a contract written in advance that we can simply turn into the closing attorney that shows the terms or do we need to contact each closing attorney and given them all the specifics of the loan i.e loan term, origination fee, interest rate, etc? The advice we were given by one closing attorney was to contact each one we use and give them the info

2. We want to be able to make cash offers on properties to increase our likelihood of landing the deal. How would we show the money in their account as proof of funds without requiring them to be on the title. Do they have to put money in an escrow account that we also have access to for POF?

3. Once we have agreed on the property and terms and want to close how can we ensure on our end that once they fund the purchase into the closing attorney escrow account that they then can not back out of the deal. I have been told that there is no way when they send money into an escrow account to close on a property that we can "force" them to close. I am imagining a worst case scenario where we come to the closing table ready to purchase the property and the investor has cold feet and withdraws the money from escrow and we are stuck losing our deposit.

4. How do you deal with funds for the renovation? We have agreed that we will do weekly/ biweekly disbursements after they have received receipts and inspected the property, but is the money held in an escrow account or is it better to have the investor wire or write a check? Will a typical closing attorney hold money in escrow that they disburse? Are there fees associated with this?

5. How is interest on Reno loans typically calculated. An example would be that we agree to a 25k reno budget. The money is disbursed in 3 payments at 1 week increments. We end up only using 22k. Do we pay interest on the 25k or the 22k? Is it calculated from day of closing or from each disbursement period?

6. Is repayment on the back end typically calculated by the closing attorney or do we need to figure out at the end, most likely on the reno portion of the loan?

Any other questions I should be asking please let me know. If you have a case study you could walk me through that would be great. Thanks in advance!!

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  • Real Estate Broker · Valparaiso, IN · Member since 2015 · 44 posts · 21 votes
    9y

    @Corey Owen just by briefly reading over your questions it sounds like you have a "JV" type business model setup. @John Mathewson handles most of this for our company so I believe he will be able to answer a few of your questions. Good luck in your business!

  • Rental Property Investor · Marietta, GA · Member since 2015 · 18 posts · 5 votes
    9y

    @Jim Tannehill Thanks for reaching out!  I can't wait to hear what has to say.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    cleanest way is to have your partner buy it in his company name... since its his money.. he has pof handled.

    then you simply write a service contract.. he does not pay you .. you can litigate to get paid.

    he can pay you advanced payments as draws or everyone gets paid off the final hud.. that's how I do it.

  • Rental Property Investor · Marietta, GA · Member since 2015 · 18 posts · 5 votes
    9y

    @Jay Hinrichs We're trying to limit the amount of involvement the investor has. He is really looking for almost a complete hands off approach to investing so he doesn't have to go to any closings. Ideally we would find the house, send him the rehab budget, ARV, comps, etc. The loan terms would already be agreed to and in writing so all we would have to do is giving him the closing attorney's wiring instruction and he wires the money to close, some type of escrow account handles the rehab disbursements, and then he receives a check when the house sells.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Corey Owen  going to a closing is total 1980's  no one has to go to a closing if its a cash purchase you simply e mail him docs he scans signs and returns via e mail then wires.

    I do this for my clients 7 to 10 times PER WEEK  LOL.  I have never attended a closing.  unless I happen to be there or in rare instances here in Oregon I feel like it.  there is NO NEED

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